Filing a Form I-601 Application for Waiver of the Grounds of Inadmissibility in Conjunction with Adjustment of Status (Form I-485) Under INA 212(i) for fraud or misrepresentation
The Form I-601 Application for Waiver of the Grounds of Inadmissibility can also be used in cases where the individual committed immigration fraud or misrepresentation. This waiver is provided for under INA 212(i).
Example of immigration fraud or misrepresentation might include when an individual claims to be unmarried in order to immigrate to the U.S. sooner rather than disclosing actual married status or when an individual uses another person’s passport or visa or a fake passport or visa to immigrate to the United States. Note, this latter category does not include impersonating a U.S. Citizen, which generally cannot be waived.
Additionally, INA 212(i) only applies to:
- An individual who is the spouse or son or daughter of a U.S. Citizen or a Lawful Permanent Resident,
- who establishes that denial would result in extreme hardship to the U.S. Citizen or Lawful Permanent Resident spouse or parent.
Note that the waiver under INA 212(i) is more limited than a waiver under INA 212(h). With a waiver under INA 212(h) extreme hardship to the individual’s children is sufficient. On the contrary, under INA 212(i), hardship must be to the individual’s spouse or parent and, again, that spouse or parent must be a U.S. Citizen or a Lawful Permanent Resident.
The waiver should be supported with documentation. Samples of documentation may include:
- copies of criminal records
- a statement from the individual
- letters in support from family, friends, colleagues
- employment verification letter
- tax returns
- evidence of community service
- evidence of achievement, among other types of documentation.
Additionally, the waiver should be supported by an attorney cover letter arguing the strengths of the waiver and a table of contents organizing all of the supporting documentation.
Call us at (415)-986-6186 to get your questions answered and learn more about your waiver options.